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Only Bad Guys Call Their Lawyers
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In crime dramas, when someone is arrested, they are read their Miranda Rights, "You have the right to remain silent.", "You have the right to an attorney.", etc. It seems, however, that all good, law-abiding citizens are willing to waive their rights and talk to the police without any qualms at all, but as soon as someone demands a lawyer, or refuses to talk without one, you know instantly that they are a sleazeball. Maybe not the one the police are actually seeking, but they are definitely someone of ill repute. The dramatic explanation, of course, is that if every suspect would call in a lawyer, the wait for the professional would both kill the flow of the scene and the lawyer reading out a carefully crafted and Teflon-smooth statement would be far less interesting to watch than a little Perp Sweating to reveal the suspect has an entirely different reason to lie and Be as Unhelpful as Possible that has nothing to do with the Mystery of the Week but gives the detectives a new piece of the overall puzzle. This has no bearing on Real Life. Any lawyer or law school professor will tell you that if you're arrested or the police think you committed a crime, you shouldn't talk to them except to say that you won't be answering questions and to ask for a lawyer (note that this doesn't mean that they're obligated to get you a lawyer — just that they can't interrogate you without one). In fiction, only one or two crimes ever happen at the same time, while in reality, there are a lot more. You may want to help the police catch a crook, but in doing so, you may accidentally implicate yourself in another crime, or the same crime. Keep in mind, this may be especially true of someone who has committed no crime — a reasonable, innocent person tends to think that he or she can explain the situation logically and reason it out with the police, but this can get you in a lot of trouble. Police officers are human beings, which means they're susceptible to all the cognitive biases of human beings. If they already have a narrative in their heads as to how a crime went down, it's very easy for them to fit an innocent person's comments into that narrative — not out of maliciousness, but a simple desire to solve a case in as little effort or time as possible, even if they’re throwing seemingly innocent people in jail to do it. Most suspects never call their lawyers, regardless of whether they're guilty or innocent. Most suspects are also stupid. Also, the police have no power to take you to the station without arresting you; if they ask you nicely to come to the station, you can politely refuse and leave at any time, unless they decide subsequently to arrest you (i.e. they must expressly state that you are under arrest, opening themselves to a false-arrest complaint if they have no legitimate justification for doing so). If you are talking to police for any reason such as if you're a witness to a crime, or if your lawyer has advised you to answer a question, do not ever lie (just say nothing) as that will not only make you look guilty, if you are speaking to a US Federal agent, lying is actually a crime in itself. Please also note that this does not apply to medical personnel. With a few specific exceptions (e.g. child abuse), medical professionals are not mandatory reporters and all they care about is knowing what happened so they can treat you as effectively as possible. Medical confidentiality is a real thing and they take it very seriously. (Yes, this includes animals; if your dog ate marijuana, the veterinary team does not care that you have marijuana — they care about helping your dog and they will not call the cops on you.) This is a Sub-Trope of Artistic License – Law. See also Be as Unhelpful as Possible, Don't Answer That. Also, the typical use of the One Phone Call. |
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The Client. When the eponymous client, 11 year-old Mark Sway, is being interrogated by prosecuting attorney Roy Foltrigg and his team, he asks if he needs one and they respond with this trope. He asks to use the lavatory and Roy assumes he's going to fold, only then Mark's lawyer Reggie comes in with a recording of them telling Mark he doesn't need a lawyer or his mother present, both of which are violations of his rights. Given that John Grisham is a former attorney, it's hardly surprising it's an Averted Trope. | |
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Spider-Man: No Way Home: After Peter Parker is framed for murdering Mysterio, he and all his loved ones are hauled in for questioning. As Michelle and Aunt May are taken away to be questioned individually, they simultaneously warn Peter not to say anything until he gets a lawyer. During her interrogation, Michelle calls out the agent for trying to intimidate her into speaking without counsel. | |
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MadWorld: When Jack confronts Leo Fallmont, the mastermind behind the Deathwatch games, he tries to ask for a lawyer. Jack chainsaws him off a skyscraper. | |
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Tom Segura discusses the risks of applying this trope as outlined above while discussing the reality T.V. show The First 48: | |
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Basic Instinct: As the cops prepare to take Catherine to the station for questioning, she is asked several times if she wants an attorney present. She brushes off the suggestion, saying she doesn't need one. Earlier, she refuses to come to the station with them, knowing that she doesn't have to unless she's under arrest. It's clear that she's guilty as sin, she's just flaunting her ability to get away with it. | |
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Semi-played straight in Discworld in general, but rather justified given the corrupt pre-Victorian justice system. In this case it's sort of a correlation =/= causation thing; the bad guys who ask for lawyers aren't asking for lawyers because they're bad guys, they're asking for lawyers because they have a tendency to be rich and think of themselves as above the law anyway, and they're usually asking for Mr. Slant, who is well known to be morally dubious at best anyway. Poor criminals have a tendency to not trust lawyers any more than Vimes does (of course, they also tend to be repeat offenders of much more minor crimes, with whom the Watch has an almost friendly relationship and not the actual bad guys). It also helps that if you're an innocent man, Commander Vimes genuinely is your best hope in the world of going free. Insomuch as an Aesop can be gleaned from Discworld, it seems to be that "if you're rich enough to afford a lawyer to begin with, you're that much more likely to be enough of a scumbag to abuse the privilege". And when William de Worse ask for Slant, it's to protect his family's 'good name': yes, his father was a part of the plot, but his siblings and mother don't need to be taken down with him. Vimes is pissed off to no end, but also seems pretty sure that William himself had no part in anything that happened (and is only a person of interest since he can name names). |
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Parodied in the Lilo & Stitch: The Series episode "Holio", in a scene where Lilo pretends to have been arrested: | |
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Schlock Mercenary. Played for Black Comedy when Schlock is accused of a murder and demands a lawyer, whom he promptly eats in front of the horrified police. "I wanted a snack."note As a result of an early story arc, the Toughs are legally allowed to kill lawyers from the largest firm in the galaxy on sight. Schlock is actually innocent of the murder he's been accused of (not that the mercenaries aren't guilty of a lot of other crimes, including murder) and his next lawyer (this one a member of his mercenary unit) tries in vain to get him to shut up while being interrogated. | |
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Thoroughly deconstructed in My Cousin Vinny, which is often used to illustrate why you should always ask for a lawyer during questioning. Stan and Bill think they are getting arrested for accidentally swiping a can of tuna at a convenience store, so they are happy to talk with the police and try to explain things, when, in fact, a hold-up and murder took place shortly after they left, and witnesses said they saw a car that looked like theirs leaving the store. This gets them charged with murder, partly because Stan's confused "I shot the clerk?" (later used at the preliminary hearing that proves enough evidence is present to go to trial) is treated as a straightforward admission of guilt. This entire plot point is a very good display of why you do not talk to law enforcement without your lawyer present, even if everyone involved is working in good faith and trying to get to justice. | |
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Phoenix Wright: Ace Attorney – Spirit of Justice: Played straight where when the legal right to a certain artifact comes under question, the plaintiff, Paul Atishon sues Apollo's client with the best lawyer money can buy: Phoenix Wright. When suspicion comes onto Paul for the murder of Archie Buff he asks if he can see his lawyer, except his lawyer resigned only a few minutes prior. In the epilogue, the Big Bad is looking for a lawyer to represent them... after they tried to make a law that banned all lawyers in their country. Even the sleaziest lawyer isn't going to respect that level of petty hypocrisy. |
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In Mass Effect 2, at least half of Elias Kelham's dialogue when you have him arrested consists of "I want to see my lawyer." The other half consists of "Come on, hit me. I dare you." On the other hand, informing that you are a Spectre, and therefore do not have to give him a lawyer, will cause him to talk immediately. Either way, going into the interrogation you do actually immediately know that Kelham is a crime boss and that he's already ordered an assassination, so calling for the lawyer is not, itself, treated as a flashing sign that he's a bad guy. | |
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In The Westing Game, after Turtle sets off a bomb in an elevator, her mother tries to get her to profess her innocence. Turtle saying "I want a lawyer" is treated as all that needs to be said to seal any doubts on her guilt. Zigzagged in that while she did set off that particular bomb, she wasn't responsible for the others. Her sister, Angela, set them off, and Turtle took the blame for them. Further subverted in that when Judge Ford talks to Turtle, after the explosion, she figures out pretty quickly that Turtle was covering for Angela, and thus just lets her off with a warning. | |
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The Great Ace Attorney gives a reverse example, wherein Ryunosuke admits it's quite sketchy his extremely wealthy client, Magnus McGilded, can't find a lawyer and must rely on a public defender such as himself. McGilded asserts it's the fault of the prosecutor's reputation rather than his obvious guilt. They're both right—McGilded did commit the murder, but the reason no one will take his case is instead because every defendant Barok van Zieks has failed to convict dies a grisly death shortly thereafter, and no defense lawyer wants that blood on their hands. | |
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Invoked and inverted in the second The Dark Tower book. Eddie has been detained on suspicion of drug smuggling (of which he is, in fact, guilty). After a lengthy interrogation, he threatens to get his lawyer involved. One of the interrogators invokes the trope directly. Eddie inverts it by admitting that he doesn't currently have a lawyer but will be retaining one as soon as he's released. | |
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Completely defied in Powers when Detective Pilgrim is being questioned by Internal Affairs. As soon as she realizes how serious the investigation is, she asks for a lawyer (being a cop of course means how aware she is of how this sort of situation works). The internal affairs investigator tries to imply this trope, roughly saying "You know what they say about people who insist on getting their lawyer..." to which Pilgrim responds "Yeah. They say that those people are smart." | |
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Darths & Droids has a succinct explanation of why this should be averted. Also applies as A Fool for a Client: | |
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And when William de Worse ask for Slant, it's to protect his family's 'good name': yes, his father was a part of the plot, but his siblings and mother don't need to be taken down with him. Vimes is pissed off to no end, but also seems pretty sure that William himself had no part in anything that happened (and is only a person of interest since he can name names). | |
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Discussed in Fury, when two patrons at a bar discuss rumors of what happened when the hero got arrested: | |
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The Town: Agent Adam Frawley claims this to be true when Claire Keesey (who doesn't know her new boyfriend is a high-profile robber) asks him whether or not she should have a lawyer present. Though he prefaces it by saying "it isn't a very civil libertarian thing" for him to say, as he's a cop. When Claire is later implicated in Doug's crimes, he says that this time she really will need a lawyer. | |
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Averted in Who's Lila?, where the true killer of Tanya Kennedy, the titular Lila, is perfectly willing to talk to the police without a lawyer, confident that they can smooth talk their way out of it. Whether the culprit succeeds depends on the player's actions. | |
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Nick in Gone Girl is smart enough to know about this, and holds off on getting a lawyer, even when he's the main suspect for a murder he did not commit, specifically because of it, and then when he does get a lawyer, he gets one known for defending extremely guilty dirtbags. | |
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Henry Stickmin Series: One of the three routes in Escaping the Prison begins with Villain Protagonist Henry using a cell phone to call his lawyer (a Captain Ersatz of Phoenix Wright), who has to get him acquitted of the charges brought against him. Successfully doing so nets you the "Lawyered Up" ending. | |
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Ace Attorney: Inverted for Wright and co., who all defend the wrongly accused, and (for the most part) never defend the guilty party. On the other hand, quite a few people buy into the belief that defense attorneys are sleazeballs who only keep criminals out of jail. Justified Trope in two ways. In Phoenix Wright? EVERYONE is considered guilty until proven innocent...and both Phoenix and Apollo have limited mind-reading capabilities. Phoenix Wright: Ace Attorney – Spirit of Justice: Played straight where when the legal right to a certain artifact comes under question, the plaintiff, Paul Atishon sues Apollo's client with the best lawyer money can buy: Phoenix Wright. When suspicion comes onto Paul for the murder of Archie Buff he asks if he can see his lawyer, except his lawyer resigned only a few minutes prior. In the epilogue, the Big Bad is looking for a lawyer to represent them... after they tried to make a law that banned all lawyers in their country. Even the sleaziest lawyer isn't going to respect that level of petty hypocrisy. The Great Ace Attorney gives a reverse example, wherein Ryunosuke admits it's quite sketchy his extremely wealthy client, Magnus McGilded, can't find a lawyer and must rely on a public defender such as himself. McGilded asserts it's the fault of the prosecutor's reputation rather than his obvious guilt. They're both right—McGilded did commit the murder, but the reason no one will take his case is instead because every defendant Barok van Zieks has failed to convict dies a grisly death shortly thereafter, and no defense lawyer wants that blood on their hands. |
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The Demolished Man: The murderer Ben Reich calls his lawyer the instant the body is discovered at the party he's attending. The detective tells him openly that the fact that he's the only guest to call his lawyer immediately makes him the prime suspect. | |
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